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People v. Ostrander

188 A.D.2d 741 Court N.Y. App. Div. Decision date 1992-12-10 English

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p. 741
The People of the State of New York, Respondent, v Robert Ostrander, Appellant.

Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered December 17, 1990, upon a verdict convicting defendant of the crimes of criminal possession of a weapon in the third degree and criminal possession of a weapon in the fourth degree.

Defendant contends on this appeal that the sentence he received of 3V4 to 7 years’ imprisonment upon his conviction of the crime of criminal possession of a weapon in the third degree is harsh and excessive. Given defendant’s extensive criminal record and the fact that he was on parole after conviction of a violent felony offense when he was arrested for the instant offense, we find no basis to disturb the sentence imposed by County Court (see, People v Gathers, 147 AD2d 734 , 736, lv denied 73 NY2d 1015 ).

Weiss, P. J., Levine, Crew III, Mahoney and Harvey, JJ., concur. Ordered that the judgment is affirmed.

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